Page 25 - A Study on the Role of UGC Platforms in Copyright Law：An Intermediary-oriented Approach

A Study on the Role of UGC Platforms in Copyright Law: Chapter 1 Introduction
An Intermediary-oriented Approach

1. What are the legal rules that can encourage UGC creation, remunerate the copyright
owners of pre-existing works and harness UGC platforms’ active role in alleviating copyright
infringement without placing too heavy a burden on UGC platforms? This question concerns
the creation of UGCs based on pre-existing works, with two sub-questions involved.
(i) What are the current copyright rules for copyright owners, UGC creators and UGC
platforms, and what is the problem?
This question is discussed based on doctrinal study of the access control right, the fair
use/dealing doctrine, the safe harbor rule, and other copyright exceptions. Interviews and
questionnaires are also employed to understand the effects of current copyright law on the
creation of UGC and the development of UGC platforms.
(ii) How did copyright law emerge and evolve with the development of technology, and
how can we draw insight from historical experience?
This question is explored through doctrial study, historical study, law and economic
study, and media study on how copyright law developed with the decentralisation of the
capacity to reproduce copyrighted works. Interviews and questionnaires are also conducted
to see how the UGC age brings the decentralisation of the capacity to produce copyrighted
works.
2. To what extent can UGC platforms and platform users make use of the UGCs on the
platforms? This question is related to the exploitation of UGCs as copyrighted works, and
can be discussed through three subquestions.
(i) How are UGCs being exploited by UGC platforms and platform users?
The answer to this question involves empirical study of Terms of Use/Service (ToU/ToS)
in a variety of UGC platforms and of how UGC creators look upon others’ exploitation of
their UGCs.
(ii) What is the necessity for legal intervention of ToUs/ToSs and the conscionability
standard for ToUs/ToSs?
This question involves doctrinal study of adhesion contract.
(iii) How can we balance the interests of UGC creators, UGC platforms and platform
users in exploiting UGCs?
This question is explored through doctrinal study on the current legal framework
in regulating the exploitation of UGCs, empirical study on how ToUs/ToSs regulate the
exploitation of UGCs and how UGC creators are affected, and law and economic study to
compare tort-law style protection and property-law style protection of UGCs.

1.4 Statement

To secure economic incentives for copyright owners and unleash the creativity of
the UGCs, levies should be imposed on UGC platforms because these platforms act as
distributors facilitating the access to and use of copyrighted works existing in the form
of UGCs. In addition, to ensure the fair exploitation of UGCs, UGC platforms, as quasi-

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